- April 22, 2013at 9:00 am
The Arcane 1872 California State law states that if an unmarried woman gets raped by someone pretending to be her boyfriend or fiance, it's not considered rape. Mr. Julio Morales just got away with rape because of this loophole in the law.
"Has the man committed rape? Because of historical anomalies in the law and the statutory definition of rape, the answer is no, even though, if the woman had been married and the man had impersonated her husband, the answer would be yes," Judge Thomas L. Willhite Jr. wrote in the court's decision.
The court found that the woman consented, even though she was tricked. Had she been married the law defines such a deception as rape, but as an unmarried woman it does not.
Article on Morales case below, please read!
More info on the progress through LegiScan: http://legiscan.com/CA/text/AB65